Oleg Podsechin operates starthq.com. It is Oleg’s policy to respect your privacy regarding any information he may collect while operating his websites.
Like most website operators, Oleg collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Oleg’s purpose in collecting non-personally identifying information is to better understand how his visitors use his website. From time to time, Oleg may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of his website.
Oleg also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Oleg does not use such information to identify his visitors, however, and does not disclose such information, other than under the same circumstances that he uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to Oleg’s websites choose to interact with Oleg in ways that require Oleg to gather personally-identifying information. The amount and type of information that Oleg gathers depends on the nature of the interaction. For example, he asks visitors who sign up for an account at starthq.com to provide a username and email address. In each case, Oleg collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Oleg. Oleg does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Oleg may collect statistics about the behavior of visitors to his websites. Oleg may display this information publicly or provide it to others. However, Anton Korenyushkin does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Oleg discloses potentially personally-identifying and personally-identifying information only to those of his employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Oleg’s behalf or to provide services available at Oleg’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Oleg’s websites, you consent to the transfer of such information to them. Anton Korenyushkin will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to his employees, contractors and affiliated organizations, as described above, Oleg discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Oleg believes in good faith that disclosure is reasonably necessary to protect the property or rights of Anton Korenyushkin, third parties or the public at large. If you are a registered user of an Oleg website and have supplied your email address, Oleg may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with the site. He primarily uses his blog to communicate this type of information, so he expects to keep this type of email to a minimum. If you send a support request via a support email, he reserves the right to publish it in order to help him clarify or respond to your request or to help him support other users. Oleg takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Thanks to the people of WordPress and Bitbucket for making this document available under the Creative Commons ShareAlike license.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Oleg, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your StartHQ Account and Site
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Oleg of any unauthorized uses of your account or any other breaches of security. Oleg will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate an application, use an application, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; your account or application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s or application’s name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Oleg or otherwise. By submitting Content to Oleg for inclusion on the Website, you grant Oleg a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and promoting your account or application. If you delete Content, Oleg will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Oleg has the right (though not the obligation) to, in Oleg’s sole discretion (i) refuse or remove any content that, in Oleg’s reasonable opinion, violates any site policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Oleg’s sole discretion. Oleg will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Oleg has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Oleg does not represent or imply that it endorses the material there posted, or that he believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Oleg disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
Oleg have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which starthq.com links, and that link to starthq.com. Oleg does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Oleg does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Oleg disclaims any responsibility for any harm resulting from your use of websites and webpages linked to from starthq.com.
Copyright Infringement and DMCA Policy
As Oleg asks others to respect his intellectual property rights, he respects the intellectual property rights of others. If you believe that material located on or linked to by starthq.com violates your copyright, you are encouraged to notify Oleg in accordance with the Digital Millennium Copyright Act Policy. Oleg will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Oleg or others, Oleg may, in his discretion, terminate or deny access to and use of the Website. In the case of such termination, Oleg will have no obligation to provide a refund of any amounts previously paid to Oleg.
This Agreement does not transfer from Oleg to you any Oleg or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Oleg. Oleg, starthq.com, the starthq.com logo, and all other trademarks, service marks, graphics and logos used in connection with starthq.com, or the Website are trademarks or registered trademarks of Oleg. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Oleg or third-party trademarks.
Oleg reserves the right, at his sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Oleg may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Oleg may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your starthq.com account (if you have one), you may simply discontinue using the Website. Oleg can terminate the Website immediately as part of a general shut down of the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Oleg and his suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Oleg nor his suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Oleg, or his suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Oleg under this agreement during the twelve (12) month period prior to the cause of action. Oleg shall have no liability for any failure or delay due to matters beyond his reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Oleg, his contractors, and his licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Oleg and you concerning the subject matter hereof, and they may only be modified by the posting by Oleg of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Helsinki, Finland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Helsinki, Finland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Helsinki, Finland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Oleg may assign his rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Thanks to the people of WordPress and Bitbucket for making this document available under the Creative Commons ShareAlike license.